As a Judge Advocate, attorney Josh Grubaugh learned the intricacies of the Uniformed Code of Military Justice (UCMJ), and the nature of service in the military. He understands what it takes to effectively argue a servicemembers’ case in front of a panel, a military judge, or an administrative separation board. Not only has he successfully argued for clients in these forums, he has also advocated to commanders — as well as the prosecuting JAG — to make them understand the equities involved in every case, often obtaining favorable dispositions for clients before the case goes before a court-martial or separation board.
As Josh discusses in his answers to servicemembers' FAQs, one thing that movies like A Few Good Men don't depict is that all service-members have the option to hire a civilian attorney to represent them in court-martial; they don’t have to use their appointed Judge Advocate.
Located in Connecticut, Josh represents members of all branches of the U.S. military. He focuses his practice in New England and the mid-Atlantic area, including Washington, D.C. He is within driving distance to the United States Military Academy West Point, the Coast Guard Academy, the Naval Submarine Base in Groton, Hanscom Air Force Base, Joint Base McGuire-Dix-Lakehurst, and Fort Drum, and will travel to bases within the Military Department of Washington. He handles a wide range of military justice cases, including:
For a free consultation about how Josh can help in your case, contact Grubaugh Law.
In the U.S. Army, Josh tried dozens of courts-martial, filed thirty appellate briefs, and presented oral argument in appellate cases, handling cases ranging from serious felonies per se such as murder and rape to military specific offenses such as maltreatment and adultery. As a trial defense attorney, his successes for clients included achieving a full acquittal as well as negotiating dismissal of cases that had already been set for trial. Josh also helped servicemembers remain in the service after they were noticed for separation. While at the Army Defense Appellate Division, he was lead counsel in three cases that were completely overturned, as well as numerous other cases resulting in sentence reductions or overturned convictions.
Josh understands any successful litigation requires more than legal acuity. The most essential task for an attorney is to listen to the client. Every client brings something about their case not apparent from the file, and sometimes it takes multiple conversations before anyone realizes the significance of information only known to the client. Not only is listening helpful for the litigation, it is important for the well-being of the client to know his or her voice was heard.
One thing they do not cover during basic training is how to navigate a court-martial. Currently, the most common type of courts-martial are sexual offenses, usually involving alcohol and young servicemembers. Despite the commonality of these cases, there are varied approaches different advocates take, dependent on the facts and the personalities of the counsel. As you may already know, the results of these cases vary widely, regardless how similar the facts are. When advocating for you, Grubaugh Law will make sure to put you in the best situation possible, through hard work and legal acuity.
Josh has tried a number of courts-martial as a prosecutor and defense counsel, overseen the trial of some as a senior trial counsel, and reviewed many more as an appellate defense counsel. You can trust he will take a comprehensive approach to your case, investigating all the relevant possibilities, and marshalling the best evidence and arguments on your behalf, dependent on the situation.
Despite the focus on sexual misconduct, the military still also tries numerous other cases. Josh has experience trying all types of major and minor criminal misconduct, such as murder, rape, manslaughter, child sexual abuse, larceny, maltreatment of subordinates, illicit drug use, drug distribution, desertion, domestic violence, enticement of a minor, child pornography, child abuse, stalking, assault and battery, larceny, BAH fraud, and adultery.
There are many reasons to appeal a court-martial result. You may have been wrongfully convicted. Your rights could have been violated. There could be a serious error undermining the fairness of the underlying proceeding. Or you may just want a fresh look to see what your trial defense counsel may have missed.
You can be sure Josh will thoroughly read the record, looking for issues that others missed, as well as issues that should have been argued differently. As a member of the U.S. Army Defense Appellate Division, Josh achieved several victories for his clients. Although he cannot promise he will be successful in your case, you can be sure he will zealously advocate on your behalf. More info is available in the results section of this website, with citations to redacted published cases.
Serving in the military is a calling relatively few answer. Almost all servicemembers can recall the pride felt at some point upon joining the service, whether it was taking the oath, heading out on deployment, or just enjoying the comradery of the unit.
Josh knows that pride. And he has also seen the worry of those facing an uncertain future because their unit has initiated separation proceedings. So, whether you have just started out and are not entitled to a board hearing, or whether you are closing in on retirement and cannot believe your sudden misfortune, he will make sure to do everything possible to retain you in the service.
Sometimes intractable personality issues develop between you and a hard-headed NCO, and it just takes persuading the commander to give you another shot in a different unit. Sometimes a mistake is made and the command is unforgiving. In those situations, it may take persuading a board of senior leaders that you are worth retaining. Other times, you may be hoping to leave, but simply wish for the best characterization of service, so as not to lose your benefits.
Regardless of your needs, you can trust that Josh will do whatever possible to bring the best facts and arguments possible on your behalf.
If you are facing nonjudicial punishment, it may be the first time you have been in trouble with the unit, or you may worry if you take the Article 15, your unit will follow up with a separation you cannot afford. Either way, you want to know you are getting the best advice before deciding to accept the Article 15 forum. Josh has advised hundreds of clients about their nonjudicial punishment and can provide guidance to you in this perilous situation.
While almost always a very risky proposition, and not necessarily representative of your case, there have been clients who have turned down the Article 15, only to have the unit decline to prosecute the case or forgo the punishment phase entirely and move on with an administrative separation. Whatever situation you find yourself in, Josh will ensure you will receive competent legal advice.
Obtaining and maintaining a security clearance is a prerequisite for service. Lots of reasons can put your security clearance in jeopardy, be it outstanding debt, criminal conduct, or workplace misconduct, to name a few. Josh has helped counsel numerous servicemembers navigate the rebuttal and appeal process, after the servicemembers were notified of adverse information affecting their ability to maintain their security clearance.
If you are facing any of these issues, Josh Grubaugh is here to make sure your rights are protected and your side of the story is told. For a free consultation about how he can help in your case, contact Grubaugh Law.